HONEY VERMA Vs. PIYUSH NAUTIYAL

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.'), praying for quashing of complaint filed by the respondent under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act') in Complaint Case No.437/2019 titled Piyush Nautiyal v. Honey Verma, on the ground that the legal notice dtd. 6/1/2019 issued by the respondent prior to the filing of the complaint is not in terms of the proviso appended to Sec. 138 of the NI Act.

(2.) The Complaint has been filed by the respondent/complainant that a cheque bearing No. 684791, dtd. 2/12/2018 for Rs.2,00,000.00 was drawn on the Punjab National Bank, which was returned unpaid. Thereafter, the respondent/complainant issued a legal notice dtd. 6/1/2019, as provided under Sec. 138(b) of the NI Act. As the petitioner did not pay the amount, the respondent filed the complaint under Sec. 138 of the NI Act. Summons were issued to the petitioner on the Complaint vide order dtd. 1/2/2019.

(3.) In spite of service of notice of this petition, none is appearing for the respondent.